Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bovaird v Frost [2013] FCA 974 Citation: Bovaird v Frost [2013] FCA 974
Parties: LEON LEWIS MACGILLIVRAY BOVAIRD and LEON LEWIS MACGILLIVRAY IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE OF THE LATE MONICA CATHERINE BOVAIRD v ALAN MAXWELL FROST, DIANA CATHERINE FALLON and MAX DONNELLY IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF THE LATE MAXWELL WALTER ALLEN FROST
File number: NSD 1605 of 2013
Judge: PERRAM J
Date of judgment: 27 September 2013
Catchwords: BANKRUPTCY – Whether proceedings in respect of a provable debt within s 249(3) Bankruptcy Act 1966 (Cth) competent to proceed within antecedent grant of leave PRACTICE AND PROCEDURE – Pleadings – Statement of Claim – Application to amend – Whether secondary grant of leave by Federal Court of Australia required to amend pleadings in Supreme Court of New South Wales WORDS AND PHRASES – "Fresh step" – Bankruptcy Act 1966 (Cth) s 249(3)
Legislation: Bankruptcy Act 1966 (Cth) Pt XI, s 249(3)
Cases cited: Bovaird v Frost [2009] NSWSC 337 cited Bovaird v Frost (2010) 118 ALD 263 cited Bovaird v The Trustee of the Bankrupt Estate of Frost (No 2) [2011] FCA 465 cited Bovaird v Frost [2013] NSWCA 91 considered Fraser Property Developments Pty Ltd v Sommerfeld (No.2) (2005) 2 QdR 404 cited Fraser v Deputy Commissioner of Taxation (1996) 69 FCR 99 cited Frost v Bovaird (2012) 203 FCR 95 cited Gertig v Davies (2003) 85 SASR 226 cited
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